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NJ DCF Logo with reverse copy

 

New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective Date:

Volume:

X

Forms

Chapter:

A

Forms

2-6-2018

Subchapter:

1

Forms

Issuance:

9.82

DCF Form 9-82, Notice to Non-Offending Parent/Caregiver of Change of Child Abuse or Neglect Finding

 

Click here to view, print, or complete the DCF Form 9-82, Notice to Non-Offending Parent/Caregiver of Change of Child Abuse or Neglect Finding from Substantiated to Unfounded.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-82(S).

 

Click here to view, print, or complete the DCF Form 9-82a, Notice to Non-Offending Parent/Caregiver of Change of Child Abuse or Neglect Finding from Substantiated to Established.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-82a(S).

 

Click here to view, print, or complete the DCF Form 9-82b, Notice to Non-Offending Parent/Caregiver of Change of Child Abuse or Neglect Finding from Established to Unfounded.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-82b(S).

 

Click here to view, print, or complete the DCF Form 9-82c, Notice to Non-Offending Parent/Caregiver of Change of Child Abuse of Neglect Finding from Substantiated or Established to Not Established.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-82c(S).

 

WHEN TO USE IT

 

CP&P Local Offices (LO), the Institutional Abuse Investigation Unit (IAIU), the Public Defender Conflict Investigation Unit (PDCIU), and the DCF Administrative Hearings Unit (AHU) use the DCF Form 9-82, to notify the non-offending parent/caregiver when a finding has been reversed from "substantiated" to "unfounded" or "not substantiated" (for investigations conducted prior to April 1, 2005).  To provide notice that a previous finding has been changed from Substantiated to Established, use DCF Form 9-82a. To provide notice of a change from Established to Unfounded, use the DCF Form 9-82b. To provide notice of a change from Substantiated or Established to Not Established, use DCF Form 9-82c. Complete the form:

 

·         During the appeal process by DCF or a court action, or

·         During a review (e.g., case practice, CARI); and

·         When "substantiation" letters were previously issued.

DCF Form 9-82, DCF Form 9-82a, DCF Form 9-82b and DCF Form 9-82c are prepared for, and signed by:

 

·         The LO Manager:

-   During an appeal, prior to the issuance of a Final Agency Decision (at the initial review requested by the AHU or at the DAG consultation), when the LO Manager determines to reverse a finding of child abuse or neglect;

 

-   If "substantiation" letters were issued but a subsequent case practice review by the Local Office (generally conducted by a Case Practice Supervisor) reverses the finding; or

 

-   If "substantiation" letters were sent out while the case was in litigation, and the Family Court makes a disposition that no abuse or neglect occurred.

 

·         The Director of IAIU or his or her designee, upon determining to reverse an IAIU finding.

·         The Administrator of the DCF Administrative Hearings Unit or his or her designee:

-   After the issuance of a Final Agency Decision on an appeal; or

 

-   When an Administrative Review Officer reviews a CARI check and finds that the person under review:

 

·         Has the right to an appeal (cases from June 29, 1995 and before);   or

·         Should have been sent a notice of appeal rights, but the notice was not sent or can not be located in the file (cases after June 29, 1995), and reverses the finding during the review from "substantiated" to "unfounded" or "not substantiated," and a "substantiation" letter was previously sent to the non-offending parent/caregiver.

The Public Defender Conflict Investigation Unit uses these notices, when its findings are reversed.

 

Note:  The LO, PDCIU, or IAIU complete DCF Form 9-83 to notify the previously identified perpetrator/appellant, and other parties, that the finding is reversed. The DCF AHU completes DCF Form 9-84 to make the notification. 

 

CONFIDENTIALITY

 

When preparing the notice, take precautions to respect the confidentiality of agency files and client information.

 

When IAIU staff prepare the notices for non-offending parents/caregivers, if there are children named in the report from different families:

 

·         Write separate, individualized notices to each parent/family whose child was specifically named in the reversed finding.

·         Include information about his or her child only.  Do not include identifying information about any other child associated with the investigation.

HOW TO USE IT

 

·         Within 30 days of the reversal in findings, prepare this notice using the template.

·         Follow the instructions given below for check box choices that will appear in the dialog box. This will format the letter for the appropriate responses based on the applicable option. The unwanted options will disappear.

·         Depress the tab key to navigate between the text fields and drop down boxes in the template.

·         Print the notice on office letterhead. IAIU staff use Central Office IAIU letterhead.

TIPS FOR COMPLETING THE FORM

 

·         Contact the Administrative Hearings Unit at (609) 888-7070 with any questions regarding a specific investigation/reversal of findings related to an appeal.

·         If this is an appeal, enter the reversal of findings into the Appeals Window in   NJS, which will automatically change (prefill) the findings in the Investigation Tab. The LO Manager enters the reason for the reversal in the comments section of the Appeals Window.  See NJS How Do I Guide - Legal Forms.

·         If the Local Office Manager or the Director of IAIU reverses a finding due to a Family Court disposition or other case practice review, and a "substantiated" finding was previously entered into NJS, call the NJS Help Desk to change the findings in the NJS application in the Investigation Tab.  See CP&P-II-C-6-400, Documenting Modifications in Findings in NJS (Not Related to an Appeal).  Also document the reversal and reasons for the change in the electronic case record in NJS on the Contact/Activity Notes Window, printable as CP&P Form 26-52, Contact Sheet.  Access the form through the NJS Desktop > Contact/Activity Notes Window > Options Drop-down.  Document the reversal and reasons in the "Supervisory>Other" options.

DISTRIBUTION

 

Original          -           Non-offending parent/caregiver

 

Copy               -           Child's case record

 

                        -           Local Office Manager

 

                        -           Administrative Hearings Unit, if an appeal

 

                        -           Director of IAIU (other IAIU files, as applicable)

 

                        -           Public Defender Conflict Investigation Unit, as applicable